Just a little while ago I wrote about the Trend Micro - Barracuda Networks legal tussle where Barracuda is alleging Trend with patent trolling with its controversial patent '600.  I made reference to the fact that why didn't Trend go after the big boys. I wanted to know where was the calvary coming to the rescue here, not leaving Barracuda to fight this fight alone.  Well it takes a big man to admit he did not know all there was to know on the subject.  As several folks pointed out to me, Trend has in fact sued both McAfee and Symantec over this very same patent. Though I have not been able to find anything that points to the outcome of this suit, it makes the most sense that probably there was a quiet cross-licensing deal worked out with some cash changing hands. Symantec and McAfee were not the only ones to be sued either. According to this article, Fortinet actually had a disruption in its distribution as a result of ITC investigation instigated by Trend (the same tactic they are using here), and then totally redid their AV module to avoid any technology that could be deemed to violate the patent in question. This article claims that several companies have been sued in the past and have settled out of court, despite never admitting to the validity of the patent.

I guess that means that Trend must be working out reasonable terms with these companies and begs the question, why didn't Barracuda take a deal?  Dean Drako claims he was never able to speak to someone to work out a deal, but who knows at this point. What does seem clear is that Barracuda has done some real research in trying to have this patent overturned.  If Dean and Barracuda are successful in doing so, more power to them and another blow struck against silly patents. 

Now what about the rest of the calvary? It still seems to me that this is too important an issue for Sourcefire who owns Clam to be sitting on the sidelines.  I am still waiting for them to join the fray or has Trend already scalped them too?